§ 25-2-206. Offer and acceptance in formation of contract. - North Carolina Statutes

§25‑2‑206.  Offer and acceptance in formation of contract.

(1)        Unless otherwiseunambiguously indicated by the language or circumstances

(a)        an offer to make acontract shall be construed as inviting acceptance in any manner and by anymedium reasonable in the circumstances;

(b)        an order or otheroffer to buy goods for prompt or current shipment shall be construed asinviting acceptance either by a prompt promise to ship or by the prompt orcurrent shipment of conforming or nonconforming goods, but such a shipment ofnonconforming goods does not constitute an acceptance if the seller seasonablynotifies the buyer that the shipment is offered only as an accommodation to thebuyer.

(2)        Where the beginningof a requested performance is a reasonable  mode of acceptance an offeror whois not notified of acceptance within a reasonable time may treat the offer ashaving lapsed before acceptance. (1965, c. 700, s. 1.)